FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROSCOMMON COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation No. IR13933/03/TB.
BACKGROUND:
2. The appeal concerns a general operative employed by the Council since 1996. For the past few years he has been paid the semi-skilled rate of pay on the basis of a number of duties which he performs. The Union claimed that his current rate of 80% of the craft rate be increased to 95%. The Council rejected the claim. The dispute was referred to a Rights Commissioner for investigation. On the 15th April, 2004 the Rights Commissioner issued his recommendation as follows:
"I accept that the claimant is engaged in a lot of work, which has a craft dimension to it. The fact that no craft worker is assigned to the area in which he works means that he is called upon to do craft work more often than might be the norm. In his particular circumstances I recommend that his rate be increased to 90% of the craft rate effective 1st January, 2004."
On the 27th April, 2004 the Council appealed the recommendation to the Labour Court. The Court heard the appeal in Roscommon on the 28th September, 2004.
COUNCIL'S ARGUMENTS:
3. 1. The claimant carries out duties similar to all other employees working in the same capacity as him in the six Engineering Areas in the County. He is paid the semi-skilled rate in recognition of the duties he carries out.
2. A craftworker is a person whose job demands a high degree of skill who has served a recognised apprenticeship. The claimant does not hold a recognised qualification in this area.
3. The Modernisation/Change Agenda under Parallel Benchmarking provides that General Operatives and related grades will cooperate with the continued devolution of non-core craftwork from Craftworkers to General Operatives.
UNION'S ARGUMENTS:
4. 1. The claimant performs craft work on a regular basis, so much so that the Council does not employ a Craftworker in the Boyle area.
2. The claimant's value to the Council is well recognised by Area Supervisors and the Local Engineer who tried to secure additional monies for him and negotiate a favourable resolution to the issue.
DECISION:
Having considered the positions of both parties the Court concurs with the findings and recommendation of the Rights Commissioner and upholds his recommendation that the worker's rate should be increased to 90% of the craft rate, effective from 1st January, 2004. The Court decides that this rate should be accepted by both parties as "a personal to holder rate".
Accordingly, the Rights Commissioner's recommendation is upheld; the County Council's appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th October, 2004______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.